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moneys received by Properties in connection with the Leased Premises , f
shall be applied solely and eaclusively in t~e manner and for the pur- , '
,
poses eapressed and specified in the respective Note Purchase Agree-
ments, in the Indenture, in the i~lotes and herein, (v) that the Company
shall have and may ezei~cise all the rights, powers, authority and benefits
atated to be in the Company in the Indenture and in the Notes and (vi) ;
that no modification, alteration or umendment of the Note Pnrchase
Agreements, the Indenture or the Notes shall prejudice the rights,
powers, authority or benefits to which the Company ~ould otherwise be
entitled tLerennder or by virtne of this Lease; provided, however, that
the failnre of Properties to observe and perform any of the covenanta
set forth in this sentence shall neither limit nor other~vise modify the ~
rights of Properties under this Lease or tbe obligation of the Company
strictly to observe and perform its obligations contained in this Lease, .
including, withont limitation, the obligation of the Company to make
payments of ~money as set forth herein withont claim of anp right of
; setoff, counterclaim or reconpment.
F
~ (b) Disposition of Proceeds of Notes. The prceeeds of the sale
¢ of the Notea shall forthwith npon receipt be .deposited in the Escrow
t Fnnd eatablished by the Indentnre (herein called the "Escrow Fnnd")
~ . to be held and inveated by the Escrow .Agent as provided therein. The
° Escrow ~gent shall pay to the Company ont of amonnts held in the
~ Escrow Fnnd (i) the Initial Pnrchase Price for each Leased Parcel set
~ forth in Appendix C upon delivery to the Escrow Agent of a certificate
~ of tl~e Company relating to the Leased Parcels with respect to which ;
~ such payment is to be made, snbstantially in the form annezed hereto as _t
~ Appendia D, signed by its President, Vice President, Treasurer or ;
~ Assistant Treasurer, together «ith an opinion or opinions of connsel t
.
~ substantially in the form annezed hereto as Appendig E, provided thAt '
~ no pnymeut shall be made pnrsuant to this clause (i) after December
~ 15, 1972, and (ii) after December 15, 1972, all amounts remaining in
~ the Escrow Fnnd upon compliance by the Companp with the provision~ '
~ of Pnragraph 3(e provided, ho~vever, that if the Companp sball not so
~ comply with such provisions of paragraph 3(e), the Escrow Agent shall
; ~ pay all amounts then remaining in the Escrow Fund to the Trustee .
` for deposit in the Debt Service Fand. Pending payment of the amonnts
~ in the Escrow Fund, the undisbnrsed portion of the same shall, at the j
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k ~°311~ 1441
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